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“We are pleased to share our latest Annual Report of the Data & Marketing Commission. If there is a message running through the report it is one of partnership: partnership with the DMA as the author of the Code and partnership with fellow regulators of data, privacy and marketing practice. This becomes ever more important as technology enables amazing innovation that goes beyond the understanding people have of how information about them is collected, built on and interpreted when offers are then put before them.”

The DMC investigated complaints from two businesses who had
ordered a door drop delivery. Neither complainants were satisfied that the
deliveries had been carried out adequately and they had both described their
relationship with the member as strongly lacking in terms of engagement,
responses and assurance that their leaflets had been delivered.

In the materials provided by the
complainants, the DMC could not find any evidence to show that Postra Communications
had been clear and transparent with its two clients. It appeared that the clients had made multiple
attempts to make contact so that they could be assured their deliveries were to
be carried out as agreed and ordered. The material seen clearly indicated a
reluctance or inability to share information on delivery schedules or evidence
of completed deliveries. In the absence of any meaningful responses to the DMC
or the clients on the matters raised it seemed appropriate to conclude Postra misled
customers over performance under the contracts in question and that the
deliveries were not adequately fulfilled.

The DMC did not think that Postra had
complied with any of the key principles which asks members to value their customers, to act in accordance with their
expectations, to be honest, fair and transparent and to act responsibly at all
times. The DMC considered that Postra was in breach of the following rules set
out in the DMA Code because it did not give the DMC any reason to believe that
it had adhered to them.

2.1 Companies must not mislead
customers; companies must be clear, open and transparent.

4.1 Members must act decently,
fairly and reasonably, fulfilling their contractual obligations at all times.

4.6 Members must maintain adequate
records to demonstrate compliance with the Code – and must maintain an adequate
system of monitoring and audit.

4.8 Members must at all times give
prompt, efficient and courteous service to customers – and must ensure they
have in place adequate administrative procedures and resources to achieve this.

The lack of engagement and responses to Postra’s two clients was
also mirrored in its lack of engagement with the DMC process. The DMC did not think Postra had co-operated
fully with its investigations or enquiries and had ignored frequent
approaches. The DMC found a breach of
rule 4.9 in the DMA Code which states:

Members must accept the jurisdiction of the Data & Marketing
Commission (DMC) and co-operate fully with their investigations or enquiries.
Members must comply with any conclusion reached by the DMC, including any
decision to take disciplinary action resulting from a breach of the Code.

The DMC reached the view that Postra had shown itself unconcerned
by a failure to meet contractual commitments, with failures thereafter to
engage with clients or in any meaningful way with the DMC. Commissioners saw
nothing to show the company was committed to complying with the DMA Code and
the DMA principles.

The DMC would recommend to the DMA Board that it considers removing Postra from membership of the Association.

The DMA Board approved and the member has now been removed from membership.